Glossary Archive

Easement by Condemnation An easement by condemnation is a legal right acquired by a government or authorized entity to use a portion of an individual's property for a public purpose, typically as a result of eminent domain. This type of easement allows the government to access and utilize private land, often for infrastructure projects such...

Easement by Necessity An easement by necessity is a legal right that allows a property owner to use a portion of another person's land to access their own property when such access is essential for the enjoyment or use of that property. This type of easement is typically established in situations where a parcel of...

Easement by Prescription An easement by prescription is a legal right to use another person's property, which is acquired through continuous and open use of that property without the permission of the owner over a specified period of time, typically defined by state law. This form of easement is often established when the use meets...

Easement Maintenance Responsibility An easement is a legal right to use someone else's land for a specific purpose. Maintenance responsibility refers to the obligation to maintain the easement area and ensure it remains functional and accessible. In general, the easement maintenance responsibility can fall upon either the owner of the dominant estate (the property benefiting...

Easement Termination Agreement An Easement Termination Agreement is a legal document that formally ends an easement, which is a right to use another person's land for a specific purpose. Easements can be created for various reasons, such as allowing access to utilities, driveways, or pathways, and may be temporary or permanent in nature. Easements can...

Economic Loss in Arbitration Economic Loss in Arbitration refers to the financial damages that a party may claim as a result of a breach of contract or failure to fulfill obligations, specifically within the context of an arbitration proceeding. This type of loss often encompasses direct monetary losses such as lost profits, lost business opportunities,...

Economic Obsolescence Clause An Economic Obsolescence Clause is a provision included in a lease agreement or a mortgage that allows for adjustments in rent or mortgage payments due to external factors that negatively impact the value of the property. This clause recognizes that certain conditions outside the control of the property owner—such as changes in...

The elective share is a legal provision that allows a surviving spouse to claim a portion of the deceased spouse's estate, regardless of the terms set forth in the deceased's will. This concept is designed to protect the surviving spouse from being disinherited and to ensure a minimum level of financial support after the death...

The Elective Share Statute is a legal provision that allows a surviving spouse to claim a portion of the deceased spouse's estate, regardless of what is stated in the decedent's will. This statute is designed to protect the surviving spouse's financial interests and ensure they receive a fair share of the marital assets. In Texas,...

Eminent Domain Eminent domain is the inherent power of the state or a governmental entity to take private property for public use, with compensation provided to the property owner. This legal doctrine is rooted in the Fifth Amendment of the U.S. Constitution, which states that private property shall not be taken for public use, without...